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Scottish Court of Session Decisions >>
Menzies v - . [1589] Mor 3773 (00 December 1589)
URL: http://www.bailii.org/scot/cases/ScotCS/1589/Mor0903773-121.html Cite as:
[1589] Mor 3773
The execution must specify the Names and Designations of the Parties, Dwelling-houses, &c.
Subject_3 SECT. VII.
Six Knocks.
Menzies v. -
1589.
December. Case No. No 121.
An execution of horning was reduced, because it mentioned not the six knocks.
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There were letters of horning produced to debar ane ab agendo at the instance of ane Menzies. It was alleged against the first and three executions of the horning, That they were null in themselves, because there was mention made in the summons of the said——at his dwelling house, because he could not be apprehendit personallie, and of the affixing of ane copy upon the yett, and because it was not contained in the executions that the officer had knocked at the yett six tymes, according to the act of Parliament James V. Parl. 6th, c. 75th, ‘Anent the summoning of persons,’ therefore the said executions were null in themselves.
